Summary Judgment Granted in Drowning Case

In an action arising out of a drowning death in the pool at an apartment complex, the Los Angeles Superior Court granted OLG’s motion for summary judgment finding no breach of duty by the landlord.

Plaintiffs filed a wrongful death action and survival claims arising out of the death of decedent who drowned in the landlord’s swimming pool. Plaintiff filed a complaint against the owners of the apartment complex alleging premises liability and negligence. Plaintiffs alleged the apartment complex failed to control and maintain the pool area in which the decedent drowned.

The Court, however, agreed with OLG that the apartment complex was entitled to judgment as a matter of law on the ground that Plaintiffs could not show the breach of any duty caused or contributed to Decedent’s death. The motion for summary judgment was therefore granted.